Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Szarell

Court of Appeals of Ohio, Fifth District, Licking

December 9, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DUSTIN D. SZARELL Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. 2018 CR 00924

         JUDGMENT: Affirmed

          For Plaintiff-Appellee JENNY GONZALEZ-WELLS

          For Defendant-Appellant JAMES ANZELMO

          Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant Dustin D. Szarell appeals the April 4, 2019 judgement of conviction and sentence of the Court of Common Pleas of Licking County, Ohio. Plaintiff-Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On December 11, 2018, appellant and his wife Danielle went to Reynoldsburg to visit Danielle's mother Luan Smith. Danielle was 8 months pregnant at the time. While at Smith's home, Danielle was using appellant's phone because hers had a dead battery. While using the phone, Danielle saw something on appellant's phone that upset her and she confronted appellant.

         {¶ 3} The two began arguing. When the argument got loud Luan asked them to stop, but they continued. Appellant then walked over to Danielle, who was seated on a loveseat, and rammed his knee into Danielle's thigh. Luan noted that Appellant rammed Danielle so hard that Danielle's belly shifted. Danielle immediately began crying.

         {¶ 4} Luan told appellant she was calling police. While she was on the phone, appellant was on his knees begging Danielle to refrain from "sending him to jail." He then got up and became loud and confrontational again. Luan told him to leave and he complied.

         {¶ 5} Reynoldsburg Police Officer Hanna Evans responded to Smith's home at approximately 5:45 p.m. She found Danielle upset, her face flushed, and her eyes red. Medics who were on standby came in to take a look at Danielle. She had no observable injury.

         {¶ 6} While that was going on, Reynoldsburg Police Officer Nathan Grodhaus attempted unsuccessfully to locate appellant. He then joined Officer Evans who was speaking with Danielle. Danielle refused transport to the emergency room, and did not submit a written statement.

         {¶ 7} Appellant was subsequently charged with domestic violence, a felony of the fifth degree. He pled not guilty and opted to proceed to a jury trial which took place on April 4, 2019. The state presented evidence from Smith, Evans, and Grodhaus who provided the above outlined facts. Appellant ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.